PLEGAL 105

Litigation paralegals often rely on form books and forms files. True False

True

Litigation usually begins in a trial court. True False

True

____________________ evidence is evidence that a witness personally observed and which, if believed, directly establishes a fact.

Direct

The research for a memorandum of points and authorities is sometimes done by a paralegal. True False

True

The rules of civil procedure differ substantially from the rules of criminal procedure. True False

True

Under the Federal Rules of Civil Procedure, a moving party is required to give five days notice of the hearing on a motion. True False

True

When a complaint is filed, the court assigns a docket number. True False

True

A claim by a defendant against a plaintiff is known as a ________________. counterclaim cross-claim third-party complaint cross complaint

counterclaim

Trial courts are sometimes referred to as ____. a.courts of appellate jurisdiction b.courts of original jurisdiction c.lower courts d.both b and c

d.both b and c

Indemnification refers to a defendant's claim for partial reimbursement total reimbursement summary judgment none of the above

total reimbursement

Continuing legal education is important for a litigation paralegal. True False

True

Copies of a client's medical records can be obtained with a written release signed by the client. True False

True

Courts generally permit parties against whom a default judgment was entered to petition the court to set it aside. True False

True

Courts generally take a liberal attitude in determining the legal sufficiency of pleadings. True False

True

Demeanor refers to the appearance of a witness and is an important factor in determining the credibility of that witness. True False

True

Except for motions made during the trial, motions are required to be written, filed in court, and served on opposing attorneys. True False

True

Which of the following is not an exception to the hearsay rule? a.statements against interest b.electronically stored information c.business records d.excited utterance

b.electronically stored information

The Wisconsin Statutes require a.code pleading b.notice pleading c.equitable pleading d.none of the above

b.notice pleading

Law books that contain the actual law itself are referred to as ____. a.legal encyclopedias b.primary sources c.secondary sources d.form books

b.primary sources

Motions made at the beginning of trial, outside the hearing of the jury, and usually addressing evidentiary issues are known as _________ motions. in limine summary judgment more definite statement motion to dismiss

in limine

A complaint and summons in a federal action can usually be served by the plaintiff, a licensed process server, or by the U.S. Marshall. True False

False

A copy of the answer must be personally served on the plaintiff. True False

False

A court of appellate jurisdiction is a court where the case begins and is tried. True False

False

A court will never issue an order when the opposing side has not been heard on the motion. True False

False

A defendant can never in his answer deny an allegation in the complaint based upon "information and belief." True False

False

A paralegal plays an insignificant role in the initial client interview. True False

False

A paralegal should make certain that a written statement from a witness be thorough and complete, as it will probably be introduced as evidence at any trial if the witness is unavailable. True False

False

A plaintiff is limited to bringing only one cause of action per complaint. True False

False

A summons is a court order directing a defendant to appear personally in court. True False

False

After receiving a complaint, the defendant can take as much time as deemed necessary to file an answer. True False

False

All allegations in a counterclaim, cross-claim or third-party complaint are deemed denied and need not be responded to. True False

False

All complaints filed in federal court must expressly state a cause of action. True False

False

All complaints must be personally served on the defendant. True False

False

All documents filed in court are known as pleadings. True False

False

All federal lawsuits must be filed within one year of the date the cause of action arises. True False

False

An attorney can commingle his own personal assets with property belonging to a client as long as the attorney keeps accurate records. True False

False

An interview between a paralegal and a witness in a case should always be tape recorded, whether the witness agrees to be recorded or not. True False

False

Answer questions 15-19 using these facts:Woo buys a new automobile. While driving the car home from the dealership, the brakes fail, the car crashes, and Woo is seriously injured. Woo retains the law firm of Kraft and Molina and they file a lawsuit claiming damages for these injuries. Brady works as a paralegal in that law firm.In the lawsuit, Kraft and Molina are the plaintiffs. True False

False

Authentication is not a problem in the admissibility of electronically stored information. True False

False

Before filing a lawsuit, the parties would be required to arbitrate their dispute. True False

False

Motion practice is often the subject of local rules of court, both in federal and state courts. True False

True

One of the grounds provided in the Wisconsin Statutes that would support a motion to dismiss is lack of subject matter jurisdiction. True False

True

Piazza, a pedestrian, was injured when struck by a vehicle driven by Delaney, who ran a stop sign. At the time of the accident, Delaney, an interior designer, was on his way to a client's home. The vehicle that Delaney was driving was owned by Exquisite Homes, the company Delaney worked for. In fact, Exquisite Homes is an incorporated business whose legal corporate name is DGA, Inc. The business is a small corporation whose shareholders are Delaney, Gregorio, and Allen. They are also the directors and officers of the corporation. Piazza wishes to sue for his injuries. Piazza would probably sue for a type of damage known as compensatory damages. True False

True

The existence of a cause of action ________. a.is necessary to a lawsuit b.is related to the law governing a particular case c.is related to the facts of a particular case d.is all of the above

d.is all of the above

Technical rules regarding form and content of pleadings are often found in _____. a.state constitutions b.case law c.form books d.local rules of court

d.local rules of court

Factual disputes are generally resolved in ____. a.a trial court b.an appellate court c.a supreme court d.all of the above

a.a trial court

The part of a complaint or petition that identifies the parties to the lawsuit is known as the _____. a.caption b.subscription c.prayer d.allegations

a.caption

If an attorney decides not to take a case, that attorney should always ________. a.clearly communicate that fact to the concerned individual b.fully explain the reasons for turning down the case c.refer the individual to another attorney for a second opinion d.all of the above

a.clearly communicate that fact to the concerned individual

Statutes of limitation are generally found in ________. a.codes b.cases c.constitutions d.all of the above

a.codes

Which of the following is not an alternative to litigation? a.discovery b.mediation c.arbitration d.settlement

a.discovery

A motion is defined as a request for a judgment an affirmative defense a response in lieu of an answer an application to a court for an order

an application to a court for an order

The decision from the court on a motion is known as ________________. a judgment an order a ruling a finding

an order

An affidavit _________________. is a statement under penalty of perjury, sworn to before a notary or other person authorized to administer an oath describes the factual basis for making a motion describes the factual basis for opposing a motion any of the above

any of the above

The newest member of the United States Supreme Court is a.Brett Kavanaugh b.Amy Coney Barrett c.Sonia Sotomayor d.none of the above

b.Amy Coney Barrett

Case law has little, if any, relevance to the law of civil procedure. True False

False

Costs that plaintiffs are routinely awarded include their attorney fees. True False

False

Federal court would have subject matter jurisdiction over a small claims case. True False

False

If a defendant in a lawsuit fails to object to the subject matter jurisdiction of the court prior to filing an answer, the defendant loses the right to object thereafter. True False

False

In a lawsuit filed in federal court, there is no need to provide an allegation in the complaint that identifies proper jurisdiction and venue. True False

False

It is not possible for the court to grant a partial summary judgment. True False

False

Litigation paralegals need not be concerned with ethical problems, because various canons of ethics and rules of professional conduct apply only to attorneys. True False

False

Most aspects of civil litigation occur in the courtroom. True False

False

Usually the party that does not prevail on the motion has to prepare the order. True False

False

Venue is a type of jurisdiction. True False

False

Within the federal court system, a separate appellate court district exists for each of the 50 states. True False

False

As soon as an attorney learns that his or her client might be sued, the attorney should advise the client to preserve all documents related to the suit. This is known as a ____________________.

Litigation hold

A litigation paralegal often appears in court. True False

False

Arbitration is a form of settlement. True False

False

Before proceeding with a case, the court must have either subject matter or personal jurisdiction. True False

False

Minors and incompetents have the capacity to sue on their own behalf. True False

False

The 7th Circuit Court of Appeals is located in Madison, WI. True False

False

Answers can be served by mail. True False

True

Once a judgment is entered, it is impossible to get relief from the judgment. True False

False

All answers must contain __________. a caption a cross-claim affirmative defenses both a and c

a caption

Pleadings are filed in a trial court. True False

True

The hearing on a motion can be handled by a paralegal. True False

False

Wisconsin is a notice pleading state. True False

True

Wisconsin is a comparative negligence state. True False

True

Paralegals are not allowed to interview witnesses because of the ethical restriction on the unauthorized practice of law. True False

False

Paralegals should never give factual information to clients, as it may violate ethical rules. True False

False

Piazza, a pedestrian, was injured when struck by a vehicle driven by Delaney, who ran a stop sign. At the time of the accident, Delaney, an interior designer, was on his way to a client's home. The vehicle that Delaney was driving was owned by Exquisite Homes, the company Delaney worked for. In fact, Exquisite Homes is an incorporated business whose legal corporate name is DGA, Inc. The business is a small corporation whose shareholders are Delaney, Gregorio, and Allen. They are also the directors and officers of the corporation. Piazza wishes to sue for his injuries. Delaney should not be named as a defendant in this lawsuit, since she is a director and officer of the corporation. True False

False

Piazza, a pedestrian, was injured when struck by a vehicle driven by Delaney, who ran a stop sign. At the time of the accident, Delaney, an interior designer, was on his way to a client's home. The vehicle that Delaney was driving was owned by Exquisite Homes, the company Delaney worked for. In fact, Exquisite Homes is an incorporated business whose legal corporate name is DGA, Inc. The business is a small corporation whose shareholders are Delaney, Gregorio, and Allen. They are also the directors and officers of the corporation. Piazza wishes to sue for his injuries. Piazza's pain and suffering is an item of special damages. True False

False

Rules and procedures of civil litigation are consistent from state to state. True False

False

A statement under penalty of perjury, sworn to before a notary, describing the factual basis for making or opposing a motion is called an affidavit. True False

True

The Illinois Rules of Civil Procedure are the same as the Wisconsin Rules of Civil Procedure. True False

False

The Local Rules for the Milwaukee County Circuit Court are the same as the Local Rules for the Kenosha County Circuit Court. True False

False

The Notice of Motion and the Motion can never be combined onto one document. True False

False

The doctrine known as laches requires plaintiffs to present written claims to defendants prior to filing lawsuits. True False

False

This is a criminal case. True False

False

Trial courts within state court systems are all referred to as district courts. True False

False

Before an expert is allowed to testify in a court proceeding, he or she must be ____________________ by the court to do so.

Qualified

Brady would be allowed to interview witnesses to the accident. True False

True

Brady would be allowed to prepare a draft of the complaint to be filed in the action. True False

True

Case management software allows attorneys to organize and summarize extensive discovery. True False

True

Punitive damages are also referred to as exemplary damages. True False

True

a cause of action is a legally recognized right to relief. True False

True

A type of answer that challenges all of the allegations in a complaint is ________. a specific denial a general denial a qualified denial all of the above

a general denial

A response to a counterclaim is known as _______. an answer a response a reply an affirmative defense

a reply

A court of last resort is sometimes referred to as ____. a.a supreme court b.a court of original jurisdiction c.an appellate court d.a trial court

a.a supreme court

The role of the appellate court includes ____. a.determining if any legal errors occurred at the trial level b.reevaluating the factual determinations made by the trial court c.determining the credibility of witnesses at the trial level d.hearing testimony from important witnesses

a.determining if any legal errors occurred at the trial level

The process of civil litigation formally begins when one party files a/an ____. a.writ b.complaint c.answer d.motion

b.complaint

The most common method of resolving civil disputes is settlement. True False

True

Stevens, a citizen of the state of Oklahoma, was involved in an automobile accident with Jackson, a citizen of the state of Alabama. Stevens is injured and wishes to sue. If the accident happened in Oklahoma, the state courts of Oklahoma could not exercise personal jurisdiction over Jackson because he is not a citizen of that state. True False

False

____________________ evidence is evidence that is not based on personal observation but that does lead a judge or jury to infer a particular conclusion about a disputed fact.

Circumstantial

Berkshire, a paralegal with the firm of Schneider & Castillo, has been assigned to work on the Saldivar case, a case where Saldivar is claiming damages for personal injuries resulting from exposure to asbestos allegedly contracted when Saldivar worked on premises owned by Greenwood Properties and leased to Saldivar's employer. The claim is against Greenwood Properties. The company is represented by counsel. Berkshire should send a letter on behalf of Schneider & Castillo directly to Greenwood Properties, requesting the names and addresses of all parties who leased the premises for the past 50 years. True False

False

Berkshire, a paralegal with the firm of Schneider & Castillo, has been assigned to work on the Saldivar case, a case where Saldivar is claiming damages for personal injuries resulting from exposure to asbestos allegedly contracted when Saldivar worked on premises owned by Greenwood Properties and leased to Saldivar's employer. The claim is against Greenwood Properties. The company is represented by counsel. If Berkshire is given the names of potential witnesses, but not their addresses or telephone numbers, he should not waste any time trying to find that information. His time would be better spent researching the law of the case and finding an expert who is knowledgeable about mesothelioma. True False

False

Sakata purchased a new car from Dan's Dealership. While driving the car home, the brakes failed and Sakata was injured. Sakata sued both Dan's Dealership and the car manufacturer in the same lawsuit. In answering the complaint, Dan's Dealership and the car manufacturer must be represented by the same attorney. True False

False

An attorney or paralegal should not make direct contact with an opposing party who is represented by an attorney. True False

True

Piazza, a pedestrian, was injured when struck by a vehicle driven by Delaney, who ran a stop sign. At the time of the accident, Delaney, an interior designer, was on his way to a client's home. The vehicle that Delaney was driving was owned by Exquisite Homes, the company Delaney worked for. In fact, Exquisite Homes is an incorporated business whose legal corporate name is DGA, Inc. The business is a small corporation whose shareholders are Delaney, Gregorio, and Allen. They are also the directors and officers of the corporation. Piazza wishes to sue for his injuries. Piazza's medical bills are an item of special damages. True False

True

Sakata purchased a new car from Dan's Dealership. While driving the car home, the brakes failed and Sakata was injured. Sakata sued both Dan's Dealership and the car manufacturer in the same lawsuit. If this action is filed in federal court and Dan's Dealership wishes to pursue a claim against the manufacturer for indemnity, it could be done in a cross-claim. True False

True

Sakata purchased a new car from Dan's Dealership. While driving the car home, the brakes failed and Sakata was injured. Sakata sued both Dan's Dealership and the car manufacturer in the same lawsuit. Sakata was not wearing a seat belt at the time of the accident. This fact should be alleged as an affirmative defense in an answer filed by defendants. True False

True

Statutes allowing states to exercise jurisdiction over nonresident defendants are known as long-arm statutes. True False

True

The United States Supreme Court has original jurisdiction for some matters. True False

True

The demand for relief in a complaint is often referred to as a prayer. True False

True

Good interviewing techniques include ________. a.listening attentively and taking detailed notes b.asking leading questions c.disregarding the demeanor of the witness and only paying attention to what is said d.all of the above

a.listening attentively and taking detailed notes

A cross-claim is a claim filed by a defendant against a co-defendant is a claim filed by the defendant against the plaintiff is a claim filed by the defendant against a new party none of the above

is a claim filed by a defendant against a co-defendant

At the initial client interview, authorizations to obtain medical and employment information regarding the client should be signed and dated by the client. True False

True

Service by mail of moving papers in support of a motion is evidenced by a certificate of mailing. True False

True

Within the federal court system, trial courts are called superior courts. True False

False

Courts use the Internet ________. a.to allow filing of court documents b.to post tentative rulings in motions c.to make local rules of court available to attorneys d.all of the above.

d.all of the above.

Knowing the elements of a cause of action in a case enables the paralegal to ________. a.gather appropriate evidence b.assist in conducting relevant discovery c.draft and review pleadings d.do all of the above

d.do all of the above

An expert witness ________. a.must have special education, experience, and expertise b.can give opinion testimony c.is paid for testifying in court d.is all of the above

d.is all of the above

How is evidence in the possession or control of the opposing party normally obtained? a.such evidence cannot be obtained b.with a properly executed authorization c.through the proper discovery process d.with a letter from the attorney

c.through the proper discovery process

To request a hearing in the Supreme Court, a party generally files a/an ____. a.brief b.complaint c.memorandum of points and authorities d.petition for writ of certiorari

d.petition for writ of certiorari

When a plaintiff has multiple claims against a defendant, the resulting lawsuit may contain numerous causes of action or ____________________.

counts

Which of the following could not be resolved through civil litigation? a.a real estate problem b.a contract dispute c.a dispute over injuries resulting from an automobile accident d.the commission of a murder

d.the commission of a murder

Berkshire, a paralegal with the firm of Schneider & Castillo, has been assigned to work on the Saldivar case, a case where Saldivar is claiming damages for personal injuries resulting from exposure to asbestos allegedly contracted when Saldivar worked on premises owned by Greenwood Properties and leased to Saldivar's employer. The claim is against Greenwood Properties. The company is represented by counsel. If Berkshire talks to any potential witnesses in the case, Berkshire should not identify himself as a paralegal working for the law firm that represents Saldivar because this could influence the witnesses' statements. True False

False

Berkshire, a paralegal with the firm of Schneider & Castillo, has been assigned to work on the Saldivar case, a case where Saldivar is claiming damages for personal injuries resulting from exposure to asbestos allegedly contracted when Saldivar worked on premises owned by Greenwood Properties and leased to Saldivar's employer. The claim is against Greenwood Properties. The company is represented by counsel. When Berkshire has any need to communicate with Saldivar, he should identify himself as a "member of the firm of Schneider & Castillo"; he should never refer to himself as a paralegal. True False

False

Sakata purchased a new car from Dan's Dealership. While driving the car home, the brakes failed and Sakata was injured. Sakata sued both Dan's Dealership and the car manufacturer in the same lawsuit. The caption in an answer filed by Dan's Dealership should read: Dan's Dealership, defendant vs. Sakata, plaintiff. True False

False

Stevens, a citizen of the state of Oklahoma, was involved in an automobile accident with Jackson, a citizen of the state of Alabama. Stevens is injured and wishes to sue. If the accident happened in Alabama, the state courts of Alabama and Oklahoma have concurrent jurisdiction. True False

False

Stevens, a citizen of the state of Oklahoma, was involved in an automobile accident with Jackson, a citizen of the state of Alabama. Stevens is injured and wishes to sue. If the accident happened in Alabama, the state courts of Oklahoma would have jurisdiction to hear the case. True False

False

The best expert for a case is one who has often testified in court. True False

False

The burden of proof in a civil case is "beyond a reasonable doubt." True False

False

The Wisconsin Statutes require that the caption of the complaint identify the name of the county designated by the plaintiff as the place of trial. True False

True

The fee arrangement between a client and an attorney should be settled and put in writing at the initial client interview. True False

True

When parties in a lawsuit are required to be joined, they are sometimes referred to as indispensable parties. True False

True

Wis. Stat. § 802.06 provides that the defense of lack of jurisdiction over the subject matter shall be asserted in the responsive pleading except that it may be raised by motion at the option of the pleader. True False

True

A cross-claim is generally allowed when a claim by one defendant against another named defendant arises out of the same transaction or occurrence that is the subject matter of the complaint. True False

True

An efficient tickler system is essential for keeping track of time limitations on cases. True False

True

Berkshire, a paralegal with the firm of Schneider & Castillo, has been assigned to work on the Saldivar case, a case where Saldivar is claiming damages for personal injuries resulting from exposure to asbestos allegedly contracted when Saldivar worked on premises owned by Greenwood Properties and leased to Saldivar's employer. The claim is against Greenwood Properties. The company is represented by counsel. If Saldivar gives Berkshire the names of individuals who worked with him on the Greenwood premises, Berkshire should contact these individuals by phone to determine if they have any relevant information regarding the Saldivar case. True False

True

If a case is not filed within the appropriate statute of limitations, the case will be dismissed regardless of the merits of the case. True False

True

If the basis of federal court subject matter jurisdiction is diversity of citizenship, then a state court will have concurrent subject matter jurisdiction. True False

True

If the defendant has an affirmative defense to a claim, it must be alleged in the answer or it may be deemed waived. True False

True

In some instances the initial pleading in a lawsuit is called a petition. True False

True

Local court rules may dictate how motion hearings are scheduled. True False

True

Sanctions imposed for making a frivolous motion usually take the form of an award of attorney fees. True False

True

Stevens, a citizen of the state of Oklahoma, was involved in an automobile accident with Jackson, a citizen of the state of Alabama. Stevens is injured and wishes to sue. If the accident happened in Alabama, and Stevens's damages exceed $75,000, the state courts of Alabama and the federal court have concurrent jurisdiction. True False

True

Stevens, a citizen of the state of Oklahoma, was involved in an automobile accident with Jackson, a citizen of the state of Alabama. Stevens is injured and wishes to sue. If the accident happened in Alabama, the state courts of Alabama would have jurisdiction, even though Stevens is not a citizen of that state. True False

True

A contingent fee arrangement means that ________. a.the attorney bills for each hour spent on the case b.the attorney will recover the fee from the defendant c.the attorney has accepted a fixed sum to handle the case d.the attorney will take a percentage of the recovery as the fee

d.the attorney will take a percentage of the recovery as the fee

Laws containing the methods used to enforce our rights or to obtain redress for the violation of our rights are known as ____. a.procedural law b.substantive law c.civil law d.criminal law

a.procedural law

Equitable relief that can be ordered by a court clarifying ownership of real property is known as a.quiet title b.recission c.specific performance d.none of the above

a.quiet title

A form that establishes the ground rules of litigation, including fees, billing rates, retainer, and work to be performed by the law firm is known as a/an ________. a.retainer agreement b.authorization c.evidence log d.release

a.retainer agreement

The authority that a court has to hear a particular type of case is known as ____. a.subject matter jurisdiction b.personal jurisdiction c.quasi in rem jurisdiction d.in rem jurisdiction

a.subject matter jurisdiction

In a federal case, trials generally occur in ____. a.the district court b.the courts of appeal c.the Supreme Court d.all of the above

a.the district court

A defendant has the following options after receiving a complaint respond to it settle do nothing all of the above

all of the above

Grounds for a motion for relief from a judgment include ________________. mistake inadvertence excusable neglect all of the above

all of the above

The defendant in a federal court action can challenge the following via a motion to dismiss personal jurisdiction subject matter jurisdiction venue all of the above

all of the above

Which of the following is generally required for a motion? a notice of hearing on the motion the motion affidavit in support of the motion all of the above

all of the above

Service of the motion can be made _______________. by mail electronically personally all of the above.

all of the above.

A three-judge panel is usually found in ____. a.United States district courts b.United States courts of appeals c.United States Supreme Court d.all of the above

b.United States courts of appeals

A tickler system is ________. a.a computerized system to keep track of potential conflicts of interest b.a calendaring system c.a complete list of current and past defendants d.both a and c

b.a calendaring system

A court order, requiring that a party take some action or refrain from certain conduct, issued by a court without a formal hearing at the beginning of a lawsuit is known as ____. a.a permanent injunction b.a temporary restraining order c.a preliminary injunction d.declaratory relief

b.a temporary restraining order

An out-of-court process for resolving disputes between individuals in which a neutral party hears both sides of the dispute and then makes a decision is known as ____. a.trial b.arbitration c.mediation d.litigation

b.arbitration

Which of the following cannot be done by a paralegal? a.drafting pleadings b.asking questions at a deposition c.researching law d.interviewing clients

b.asking questions at a deposition

Keeping an accurate and complete client list is important so that the law firm can ________. a.send out notices when attorneys enter or leave the law firm b.determine and avoid conflicts of interest c.send regular accountings of all trust monies to clients d.all of the above

b.determine and avoid conflicts of interest

Leading questions during an interview ________. a.call for a narrative response b.should probably be avoided c.call for the opinion of the witness d.are a good method of obtaining needed information

b.should probably be avoided

When the complaint is filed, the court clerk will issue a document known as a _________. a.demurrer b.summons c.answer d.motion form

b.summons

Claim statutes commonly apply when ________. a.a lawsuit results from an automobile accident b.the defendant in a lawsuit is a governmental entity c.the plaintiff in a lawsuit is a governmental entity d.both b and c are present

b.the defendant in a lawsuit is a governmental entity

A state always has jurisdiction over a defendant in a lawsuit if ____. a.the defendant is a U.S. citizen b.the defendant is a citizen of that state c.the plaintiff sustained injuries or damages within the state d.both b and c

b.the defendant is a citizen of that state

A five-year-old child cannot maintain a lawsuit in his own name because _____. a.the child is not a real party in interest b.of all of the above. c.a child lacks capacity to sue d.a child does not have status to sue

c.a child lacks capacity to sue

The pleading filed by a defendant denying that the plaintiff is entitled to any relief is known as the ____. a.summons b.petition c.answer d.writ

c.answer

In some jurisdictions the complaint must contain factual allegations or statements that support each element of the cause of action. These jurisdictions are known as _________ jurisdictions. a.notice pleading b.count pleading c.code pleading d.none of the above

c.code pleading

Proper venue in a federal action based on diversity of citizenship can be determined by ____. a.only the defendant's residence b.only where the cause of action arose c.either the defendant's residence or the place where the cause of action arose d.only the plaintiff's residence

c.either the defendant's residence or the place where the cause of action arose

Authentication refers to ________. a.complying with the best evidence rule b.avoiding hearsay c.establishing that a document is what it purports to be d.all of the above

c.establishing that a document is what it purports to be

The U.S. Supreme Court can hear appeals from state courts ________. a.as long as a state supreme court has already heard the case b.if the state supreme court refuses to hear the case c.if a federal or constitutional issue exists d.all of the above.

c.if a federal or constitutional issue exists

Funds belonging to a client should be kept ________. a.in the law firm's general account b.in the attorney's personal account c.in the law firm's trust account d.either a or c

c.in the law firm's trust account

A complaint filed in federal court _____. a.is limited to one claim or count b.need not contain a specific demand for relief c.should contain an allegation setting forth the basis for federal jurisdiction d.all. of the above

c.should contain an allegation setting forth the basis for federal jurisdiction

Which of the following never starts the running of a statute of limitations? a.the date a wrongful act occurs b.the date the plaintiff discovers a wrongful act c.the date the plaintiff retains an attorney d.all of the above

c.the date the plaintiff retains an attorney

The Wisconsin Statutes require the following to appear in the caption if the pleading commences a personal injury action: a.Compensatory damages are claimed. b.An equitable remedy is claimed. c.Punitive damages are claimed. d.The amount claimed is greater than $5000. e.none of the above

d.The amount claimed is greater than $5000.

Costs that are routinely awarded to a plaintiff include __________. a.filing fees b.attorney fees c.process server fees d.a and c e.all of the above

d.a and c

Facts regarding a potential lawsuit are normally derived from ________. a.the client b.other witnesses c.documents d.all of the above

d.all of the above

Federal Courts have subject matter jurisdiction if the case involves: a.a federal law b.a federal constitutional issue c.diversity of citizenship and the claim exceeds $75,000 d.all of the above

d.all of the above

The Wisconsin Statutes require that the caption of the complaint contain the following: a.a designation of the pleading as a complaint b.the file number c.the case classification type and code d.all of the above

d.all of the above

The caption a.identifies the court in which the complaint is filed b.the names of the plaintiffs and defendants c.the title of the document d.all of the above

d.all of the above

The primary source of the law is found in ____. a.codes b.case reporters c.constitutions d.all of the above

d.all of the above

Which of the following skills are needed by paralegals? a.ability to communicate orally and in writing b.organizational and analytical skills c.computer literacy d.all of the above

d.all of the above

If you had a civil case in the Federal District Court for the Eastern District of Wisconsin, you would have to review what rules? a.Federal Rules of Civil Procedure b.The State of Wisconsin Civil Procedure Rules c.The Local Rules for the Circuit Court of Milwaukee County d.The Local Rules for the District Court for the Eastern District of Wisconsin e.a and d

e.a and d

If you had a civil case in the Milwaukee County Circuit Court, you have to would review what rules? a.Federal Rules of Civil Rules of Civil Procedure b.The State of Wisconsin Civil Procedure Rules c.The Local Rules for the Circuit Court of Milwaukee County d.The Local Rules for the District Court for the Eastern District of Wisconsin e.b and c

e.b and c

Minors and incompetents must have a/an ____________________ appointed in order to pursue a lawsuit.

guardian ad litem

A motion in which the moving party asks the judge to set aside a jury's verdict and enter a different decision is known as a ________________. motion for new trial motion for judgment notwithstanding the verdict motion for directed verdict motion in limine

motion for judgment notwithstanding the verdict

A motion in which the moving party claims that the pleadings themselves indicate that no controverted issues exist and that judgment can be entered for only one party is known as a ____________________. motion for summary judgment motion to strike the pleadings motion for judgment on the pleadings motion for more definite statement

motion for judgment on the pleadings

The party making the motion is known as the _________________. plaintiff defendant movant or moving party responding party

movant or moving party

A defendant who files a counterclaim for contribution is seeking from the plaintiff total reimbursement partial reimbursement a charitable donation to be dismissed from the lawsuit

partial reimbursement